Sec. 5. Employee misclassification referral system.
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/il/chapter-820/act-92/5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 5. Employee misclassification referral system. The Department of Labor shall create an online employee misclassification referral system on its website. The employee misclassification referral system shall use one form that contains all the necessary information required for employee misclassification complaints to the Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, and the Department of Labor. The employee misclassification referral system shall refer complaints to the appropriate agency or agencies based on the information supplied by the individual making the complaint.
Anonymous and third-party complaints shall not be accepted by the employee misclassification referral system.
Upon completion of an investigation that was initiated through the employee misclassification referral system, the investigating agency, except for the Department of Employment Security, shall report to the Department of Labor any determination of an employee misclassification. That result shall be shared with the employer and the individual who filed the complaint. The Department of Labor shall also maintain in the employee misclassification referral system, and make accessible for review by any agency that regulates or licenses the employer that was the subject of the investigation, the results of a determination of employee misclassification and all appeals and administrative reviews.
The Department of Labor website shall also include links for the filing of complaints with the Internal Revenue Service and the Social Security Administration.